[Adopted 4-4-2019 by Ord.
No. 1849]
A.
APPLICATION
APPLICANT
BASE STATION
ELIGIBLE FACILITIES REQUEST
FCC
RIGHT-OF-WAY
SHOT CLOCK
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
SUPPORT STRUCTURE
TOWER
UNDERGROUND AREAS
UTILITY POLE
VILLAGE ENGINEER
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PERMIT or PERMIT
WIRELESS REGULATIONS
WIRELESS SERVICE PROVIDER
WIRELESS TELECOMMUNICATIONS EQUIPMENT
WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
For the
purposes of this article, the terms below shall have the following
meanings:
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Village for a wireless
permit.
A person filing an application for placement or modification
of a wireless telecommunications facility in the right-of-way.
The same as in 47 CFR 1.6100(b)(1), which defines the term
to mean a structure or wireless telecommunications equipment at a
fixed location that enables FCC-licensed or authorized wireless communications
between user equipment and a communications network. This definition
does not include towers.
The same as in 47 CFR 1.6100(b)(3), which defines the term
to mean any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
The Federal Communications Commission.
The surface of and the space above and below the entire width
of an improved or unimproved public roadway, highway, street, bicycle
lane, landscape terrace, shoulder, side slope, and public sidewalk
over which the Village exercises any rights of management and control
or in which the Village has an interest.
A deadline by which, under this article or applicable state
or federal regulations, the Village is required to take action on,
provide notice regarding, or otherwise respond to, an application
or other request or inquiry from an applicant.
Consistent with 47 CFR 1.6002(1), means a facility that meets
each of the following conditions:
The structure on which antenna facilities are mounted:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration;
The facility is not located on tribal lands; and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
federal law.
Any structure capable of supporting wireless telecommunications
equipment.
The same as in 47 CFR 1.6100(b)(9), which defines the term
as any structure built for the sole or primary purpose of supporting
any Federal Communication Commission (FCC) licensed or authorized
antennas and their associated facilities, including structures that
are constructed for wireless communications services including, but
not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such
as microwave backhaul and the associated site. This definition does
not include utility poles.
Those areas where there are no electrical facilities or facilities
of the incumbent local exchange carrier in the right-of-way; or where
the wires associated with the same are or are required to be located
underground; or where the same are scheduled to be converted from
overhead to underground. Electrical facilities are distribution facilities
owned by an electric utility and do not include transmission facilities
used or intended to be used to transmit electricity at nominal voltages
more than 35,000 volts.
A structure in the right-of-way designed to support electric,
telephone, and similar utility distribution lines and associated equipment.
A tower is not a utility pole.
The Village Engineer or his or her designee.
A person that owns, controls, operates, or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
A permit issued pursuant to this article and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the right-of-way, and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
Those regulations adopted pursuant to § 7-42B(1) to implement the provisions of this article.
An entity that provides wireless services to end users.
Equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network.
A facility at a fixed location in the right-of-way consisting
of a base station, antennas and other accessory equipment, and a tower
and underground wiring, if any, associated with the base station.
B.
Definitions
in this section may contain quotations or citations to 47 CFR 1.6100
and 1.6002. In the event that any referenced section is amended, creating
a conflict between the definition as set forth in this article and
the amended language of the referenced section, the definition in
the referenced section, as amended, shall control.
In the exercise of its police powers, the Village has priority
over all other uses of the right-of-way. The purpose of this article
is to provide the Village with a process for managing, and uniform
standards for acting upon, requests for the placement of wireless
telecommunications facilities within the right-of-way consistent with
the Village's obligation to promote the public health, safety, and
welfare; to manage the right-of-way; and to ensure that the public's
use is not obstructed or incommoded by the use of the right-of-way
for the placement of wireless telecommunications facilities. The Village
recognizes the importance of wireless telecommunications facilities
to provide high-quality communications and Internet access services
to residents and businesses within the Village. The Village also recognizes
its obligation to comply with applicable federal and state laws regarding
the placement of wireless telecommunications facilities in the right-of-way
including, without limitation, the Telecommunications Act of 1996
(47 U.S.C. § 151 et seq.), Section 6409(a) of the Middle Class
Tax Relief and Job Creation Act of 2012, §§ 182.017 and
196.58, Wis. Stats., and this article shall be interpreted consistent
with those provisions.
A.
Applicability. Unless exempted by Subsection B below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this article.
B.
Exempt facilities. The provisions of this article (other than §§ 7-47 through 7-51) shall not be applied to applications for the following:
(1)
Installation
of a small wireless facility on the strand between two utility poles,
provided that the cumulative volume of all wireless facilities on
the strand shall not exceed one cubic foot, and provided further that
the installation does not require replacement of the strand, or excavation,
modification, or replacement of either of the utility poles.
(2)
Installation
of a mobile cell (commonly referred to as "cell on wheels" or "cell
on truck") for a temporary period in connection with an emergency
or event, but no longer than required for the emergency or event,
provided that installation does not involve excavation, movement,
or removal of existing facilities.
(3)
Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the Village. See § 7-50 of this article.
(4)
Placement
or modification of a wireless telecommunications facility by Village
staff or any person performing work under contract with the Village.
(5)
Modification
of an existing wireless telecommunications facility that makes no
material change to the footprint of a facility or to the surface or
subsurface of a public street if the activity does not disrupt or
impede traffic in the traveled portion of a street, and if the work
does not change the visual or audible characteristics of the wireless
telecommunications facility.
In establishing the rights, obligations, and conditions set
forth in this article, it is the intent of the Village to treat each
applicant and right-of-way user in a competitively neutral and nondiscriminatory
manner, to the extent required by law, while taking into account the
unique technologies, situation, and legal status of each applicant
or request for use of the right-of-way.
A.
Village
Engineer. The Village Engineer is responsible for administering this
article.
B.
Powers,
As part of the administration of this article, the Village Engineer
may:
(1)
Adopt
wireless regulations governing the placement and modification of wireless
telecommunications facilities in addition to but consistent with the
requirements of this article, including regulations governing collocation,
the resolution of conflicting applications for placement of wireless
telecommunications facilities and aesthetic standards.
(2)
Interpret
the provisions of the article and the wireless regulations.
(3)
Develop
forms and procedures for submission of applications for wireless permits
consistent with this article.
(4)
Collect
any fee required by this article.
(5)
Require,
as a condition of completeness of any application, notice to members
of the public that may be affected by the placement or modification
of the wireless telecommunications facility that is the subject of
the wireless permit application.
(6)
Establish
deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with
federal laws and regulations.
(7)
Issue
notices of incompleteness or requests for information in connection
with any wireless permit application.
(8)
Select
and retain an independent consultant or attorney with expertise in
telecommunications to review any issue that involves specialized or
expert knowledge in connection with any permit application.
(9)
Coordinate and consult with other Village staff, committees, and governing bodies to ensure timely action on all other required permits under § 7-43B(8) of this article.
(10)
Subject to appeal as provided in § 7-45D of this article, determine whether to grant, grant subject to conditions, or deny an application.
(11)
Take
such other steps as may be required to timely act upon wireless permit
applications, including issuing written decisions arid entering into
agreements to mutually extend the time for action on an application.
A.
Format.
Unless the wireless regulations provide otherwise, the applicant must
submit both a paper copy and an electronic copy (in a searchable format)
of any application, as well as any amendments or supplements to the
application or responses to requests for information regarding an
application, to the Village Engineer. An application is not complete
until both the paper and electronic copies are received by the Village
Engineer.
B.
Content.
In order to be considered complete, an application must contain:
(2)
A completed
application cover sheet signed by an authorized representative of
the applicant, listing all standard permit conditions.
(3)
The
name of the Applicant (including any corporate or trade name), and
the name, address, e-mail address, and telephone number of a local
representative. If the applicant is a wireless infrastructure provider,
the name and contact information for the wireless service provider(s)
that will be using the wireless telecommunications facility must also
be provided.
(4)
A statement
of which shot clock or shot clocks apply to the application and the
reasons the chosen shot clocks apply.
(5)
A separate
and complete description of each proposed wireless telecommunications
facility and the work that will be required to install or modify it,
including but not limited to detail regarding proposed excavations,
if any; detailed site plans showing the location of the facility and
technical specifications for each element of the facility, clearly
describing the site and all structures and facilities at the site
before and after installation or modification and identifying the
owners of such preexisting structures and facilities; and describing
the distance to the nearest residential dwelling unit. Before and
after three-hundred-sixty-degree photo simulations must be provided
for each facility.
(6)
Proof
that the applicant has mailed to the owners of all property within
300 feet of the proposed wireless
telecommunications facility a notice that the applicant is submitting
an application to the Village for placement or modification of a wireless
telecommunications facility in the right-of-way, which notice must
include:
(7)
A copy
of the FCC license for the facility or a sworn written statement from
the applicant attesting that the facility will comply with current
FCC regulations.
(8)
To the
extent that filing of the wireless permit application establishes
a deadline for action on any other permit that may be required in
connection with the wireless telecommunications facility, the application
must include complete copies of applications for every required permit
(including, without limitation, electrical permits, building permits,
traffic control permits, conditional use permits, and excavation permits),
with all engineering completed and with all fees associated with each
permit.
(9)
A certification
by a registered and qualified engineer that the installation can be
supported by and does not exceed the tolerances of the structure on
which it will be mounted and that all elements of the wireless telecommunications
facility comply with applicable safety standards.
(10)
Payment
of all required fees.
(11)
If
an applicant contends that denial of the application would prohibit
or effectively prohibit the provision of service in violation of federal
law or otherwise violate applicable law, the application must provide
all evidence on which the applicant relies in support of that claim
in the application. Applicants are not permitted to supplement this
evidence if doing so would prevent the Village from complying with
any deadline for action on an application.
(12)
If
the application is an eligible facilities request, the application
must contain information sufficient to show that the application qualifies
as an eligible facilities request under 47 CFR 1.6100(b)(3), including
evidence that the application relates to an existing tower or base
station that has been approved by the Village. Before and after three-hundred-sixty-degree
photo simulations must be provided with detailed specifications demonstrating
that the modification does not substantially change the physical dimensions
of the existing approved tower or base station.
C.
Waivers. Requests for waivers from any requirement of this § 7-43 shall be made in writing to the Village Engineer. The Village Engineer may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the Village will be provided with all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the wireless permit sought.
D.
Fees. Applicant
must provide an application fee and shall be required to pay all costs
reasonably incurred in reviewing the application, including costs
incurred in retaining outside attorneys or consultants. The application
fee shall be as set by the Village Board from time to time.
E.
Public records.
Applications are public records that may be made publicly available
pursuant to state and federal public records law. Notwithstanding
the foregoing, the applicant may designate portions of the application
materials that it reasonably believes contain proprietary or confidential
information by clearly marking each portion of such materials accordingly,
and the Village shall endeavor to treat the information as proprietary
and confidential, subject to applicable state and federal public records
law and the Village Engineer's determination that the applicant's
request for confidential or proprietary treatment of the application
materials is reasonable, The Village shall not be required to incur
any costs to protect the application from disclosure.
A.
Generally.
Wireless telecommunications facilities shall meet the minimum requirements
set forth in this article and the wireless regulations, in addition
to the requirements of any other applicable law or regulation.
B.
Regulations.
The wireless regulations and decisions on wireless permits shall,
at a minimum, ensure that the requirements of this article are satisfied,
unless it is determined that the applicant has established that denial
of an application would, within the meaning of federal law, prohibit
or effectively prohibit the provision of a telecommunications or personal
wireless services, or otherwise violate applicable laws or regulations.
If that determination is made, the requirements of this article and
the wireless regulations may be waived, but only to the extent required
to avoid the prohibition.
C.
Standards.
(1)
Wireless
telecommunications facilities shall be located, installed and modified
in a manner that:
(a)
Minimizes
risks to public safety;
(b)
Addresses
the following standards: The most desirable location for new wireless
telecommunications facilities is co-location on existing facilities.
All wireless telecommunications facilities shall be sited to avoid
or minimize land use conflicts in compliance with the following standards:
[1]
Preferred locations. The following list of preferred locations for
wireless telecommunications facilities is in order of preference from
most to least preferred: industrial, public or quasi-public, commercial
and office zoning districts.
[2]
Less-preferred locations. The following less-preferred locations
are listed in order of preference from most to least preferred: parks
or open space and residential zoning districts.
[3]
Avoid residential and open space areas. New support structures, towers,
and utility poles shall not be located within residential, designated
open space or conservation areas unless sufficient technical and other
information is provided to demonstrate to the satisfaction of the
Planning Commission or Zoning Administrator that location in such
areas is appropriate, subject to the following findings:
[a]
The location of the proposed facility site is essential to meet the
service demands of the carrier and no other alternative co-location,
existing development or utility facility site or type of support structure
is feasible. This shall be documented by the applicant providing a
list of the locations of preferred technically feasible sites, the
good faith efforts and measures taken by the applicant to secure these
preferred sites, and the specific reasons why these efforts and measures
were unsuccessful.
[b]
The use of a new support structure, tower, or utility pole for the
proposed facility by itself or in combination with other existing,
approved, and proposed facilities will avoid or minimize adverse,
effects related to land use compatibility, visual resources, and public
safety.
[4]
Avoid significant buildings and viewsheds. Wireless communication
facilities shall not be located on historically or architecturally
significant structures unless visually and architecturally integrated
with the structure and shall not interfere with prominent vistas or
significant public view corridors.
[5]
Co-location Preference. Co-location of facilities is generally preferred
over new support structures if the collocation would satisfy applicable
aesthetic and structural requirements.
(c)
Ensures
that placement of facilities on existing structures is within the
tolerance of those structures;
(d)
Avoids
placement of aboveground facilities in underground areas, installation
of new support structures or equipment cabinets in the public right-of-way,
or placement in residential areas when commercial areas are reasonably
available, subject to the following standards:
[1]
Undergrounded equipment. To conceal the non-antenna equipment, applicants
shall install all non-antenna equipment underground when proposed
in an area where utilities or other equipment or in the right-of-way
is primarily located underground. In all other areas, applicants shall
underground its non-antenna equipment to the extent feasible. Additional
expense to install and maintain an underground equipment enclosure
does not exempt an applicant from this requirement, except where the
applicant demonstrates by clear and convincing evidence that this
requirement will effectively prohibit the provision of personal wireless
services. Nothing in this subsection is intended to require the applicant
to install any electric meter required by the applicant's electrical
service provider underground.
[2]
Ground-mounted equipment. To the extent that the equipment cannot
be placed underground as required, applicants shall install ground-mounted
equipment in the location so that it does not obstruct pedestrian
or vehicular traffic. The Village may require landscaping as a condition
of approval to conceal ground-mounted equipment. Ground-mounted equipment
shall not be permitted in connection with a street light, traffic
signal, utility pole or other similar infrastructure in the public
right-of-way. In the event that the Village approves ground-mounted
equipment, the applicant shall conform to the following requirements.
[3]
Self-contained cabinet or shroud. The equipment shroud or cabinet
shall contain all the equipment associated with the facility other
than the antenna. All cables and conduits associated with the equipment
shall be concealed from view.
[4]
Concealment. The Village may require the applicant to incorporate
concealment elements into the proposed design, including but not limited
to public art displayed on the cabinet, strategic placement in less
obtrusive locations and placement within existing or replacement street
furniture.
[5]
Lighting. Facilities must not be illuminated, except in accordance
with state or federal regulations or if incorporated as part of a
streetlight pole.
[6]
Signage. No facility may display any signage or advertisements unless
expressly allowed by the Village in a written approval, recommended
under FCC regulations or required by law or permit condition. Every
facility shall at all times display signage that accurately identifies
the facility owner and provides the facility owner's unique site number,
and also provides a local or toll-free telephone number to contact
the facility owner's operations center.
(e)
Maintains
the integrity and character of the neighborhoods and corridors in
which the facilities are located (with particular attention to installed
decorative infrastructure such as decorative street lighting);
(f)
Ensures
that installations are subject to periodic review to minimize the
intrusion on the right-of-way;
(g)
Satisfies
the following aesthetic standards:
[1]
Each new or modified facility must be compatible in size, mass, and
color to similar facilities in the immediate area, with a goal of
minimizing the physical and visual impact on the area.
[2]
New support structures, towers, and utility poles must be no more
than 20 inches in diameter with a surface that is wood, or is powder-coated
and tan or gray in color, unless another color would blend better
with the surrounding area.
[3]
Notwithstanding Subsection C(1)(g)[1] and [2] above, a new facility or support structure, tower, or utility pole must be designed using camouflaging techniques that make it as unobtrusive as possible if:
[a]
It is not possible or desirable to match the design and color of
a new facility or support structure, tower, or utility pole with the
similar structures in the immediate area; or
[b]
Existing structures in the area are out of character with a streetscape
plan or other aesthetic plan that has been adopted by the Village.
(h)
Ensures
that the Village bears no risk or liability as a result of the installations;
(i)
Maintains
installed elevations no more or less than the following:
[1]
Support structures, towers, and utility poles. The height of a support
structure, tower, or utility pole in the right-of-way may not exceed
the greater of 50 feet above ground level or 10 feet above the tallest
existing support structure, tower, or utility pole that is in place
on the effective date of this article and that is located in the same
right-of-way and within 500 feet of the facility that is the subject
of the application.
[2]
Small wireless facility. The height of a small wireless facility
in the right-of-way may not exceed the greater of 50 feet above ground
level or 10 feet above the tallest existing support structure, tower,
or utility pole that is in place on the effective date of this article
and that is located in the same right-of-way.
[3]
Minimum height of wireless communications equipment. Equipment mounted
to support structures must not interfere with or create a hazard to
pedestrian or vehicular traffic (and must be a minimum of 10 feet
above any pedestrian or bicycle thoroughfare and a minimum of 25 feet
above any traffic lane).
(j)
Ensures
that applicant's use does not inconvenience the public, interfere
with the primary uses of the right-of-way, or hinder the ability of
the Village or other government entities to improve, modify, relocate,
abandon, or vacate the right-of-way or any portion thereof, or to
cause the improvement, modification, relocation, vacation, or abandonment
of facilities in the right-of-way, including the following:
[1]
Obstruction of traffic. Facilities and support structures, towers,
and utility poles must be at least 10 feet from the curb or nearest
traffic lane to reduce the risk of being struck by a motor vehicle
or bicycle.
[2]
Obstruction of traffic. Facilities and support structures, towers,
and utility poles must not obstruct, impede, or hinder vehicular,
pedestrian, or bicycle travel or public safety within the right-of-way,
except for authorized temporary lane or sidewalk closures.
[3]
Obstruction of traffic. Facilities and support structures, towers,
and utility poles must not be located within sight triangles at street
intersections.
[4]
Obstruction of traffic. Facilities and support structures, towers,
and utility poles must not be located within any area that will create
traffic visibility loss to drivers, pedestrians, or bicyclists.
[5]
Obstruction. To the extent possible, a facility, support structure,
tower, or utility pole should be located and designed so as to avoid
interference with right-of-way maintenance activities, such as:
[6]
ADA. Facilities and support structures, towers, and utility poles
at all times must comply with the requirements of the Americans with
Disabilities Act of 1990.
[7]
Alignment. Facilities and Support Structures, Towers, and utility
poles must be located in alignment with existing trees, facilities,
support structures, towers, utility poles, and streetlights.
[8]
Spacing of support structures, towers, and utility poles. A support
structure, tower, or utility pole for a wireless facility must be
at least 80 feet from any other support structure in a public right-of-way.
[9]
Setbacks for trees. Facilities and support structures, towers, and
utility poles must be located equal distance between trees when possible,
and no closer than 10 feet to a tree to avoid a tree's critical root
zone.
[10]
Setbacks to structures and lot lines. Facilities and support structures,
towers, and utility poles must not be located along the frontage of
any building deemed to be of historic significance on a federal, state,
or local level; nor directly in front of any existing residential,
commercial, or industrial structure; and must be located in line with
existing lot lines. In areas where multiple structures abut each other
or where no side lot setback requirement exists, structures must not
be located directly in front of an entrance or window of any existing
structure.
[11]
Use of lighting elements. a combination support structure and streetlight
pole should only be located where an existing pole can be removed
and replaced, or at a new location where the Village has identified
that a streetlight is necessary.
D.
Standard
permit conditions. All wireless permits under this article are issued
subject to the following minimum conditions:
(1)
Compliance.
The permit holder shall at all times maintain compliance with all
applicable federal, state, and local laws, regulations, and other
rules.
(2)
Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance unless revoked pursuant to § 7-46B of this article.
(3)
Contact
information. The permit holder shall at all times maintain with the
Village accurate contact information for the permit holder and all
wireless service providers making use of the facility, which shall
include a phone number, mailing address, and e-mail address for at
least one natural person.
(4)
Emergencies.
The Village shall have the right to support, repair, disable, or remove
any elements of the facilities in emergencies or when the facility
threatens imminent harm to persons or property.
(5)
Indemnities,
The permit holder, by accepting a permit under this article, agrees
to indemnify, defend, and hold harmless the Village, its elected and
appointed officials, officers, employees, agents, representatives,
and volunteers (collectively, the "indemnified parties") from and
against any and all suits, actions, legal or administrative proceedings,
claims, demands, damages, liabilities, interest, attorneys' fees,
costs, and expenses of whatsoever kind or nature in any manner caused
in whole or in part, or claimed to be caused in whole or in part,
by reason of any act, omission, fault, or negligence, whether active
or passive, of the permit holder or anyone acting under its direction
or control or on its behalf, even if liability is also sought to be
imposed on one or more of the indemnified parties. The obligation
to indemnify, defend, and hold harmless the indemnified parties shall
be applicable even if the liability results from an act or failure
to act on the part of one or more of the indemnified parties. However,
the obligation does not apply if the liability results from the willful
misconduct of an indemnified party.
(6)
Adverse
impacts on adjacent properties. The permit holder shall undertake
all reasonable efforts to avoid undue adverse impacts to adjacent
properties and/or uses that may arise from the construction, operation,
maintenance, modification, or removal of the facility.
(7)
General
maintenance. The wireless communications facility and any associated
structures shall be maintained in a neat and clean manner and in accordance
with all approved plans and conditions of approval.
(8)
Graffiti
removal. All graffiti on facilities shall be removed at the sole expense
of the permit holder within 48 hours after notification from the Village.
(9)
Relocation. At the request of the Village pursuant to § 7-47 of this article, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.
(10)
Abandonment. The permit holder shall promptly notify the Village whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with § 7-48 of this article.
(11)
Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with § 7-49 of this article.
(12)
Record
retention. The permit holder shall retain full and complete copies
of all permits and other regulatory approvals issued in connection
with the facility, which includes without limitation all conditions
of approval, approved plans, resolutions, and other documentation
associated with the permit or regulatory approval. In the event the
Village cannot locate any such full and complete permits or other
regulatory approvals in its official records, and the permit holder
fails to retain full and complete records in the permit holder's files,
any ambiguities or uncertainties that would be resolved through an
examination of the missing documents will be conclusively resolved
against the permit holder.
(13)
Radio
frequency emissions. Every wireless facility shall at all times comply
with applicable FCC regulations governing radio frequency emissions,
and failure to comply with such regulations shall be treated as a
material violation of the terms of the permit.
(14)
Certificate
of insurance. A certificate of insurance sufficient to demonstrate
to the satisfaction of the Village Engineer that the applicant has
the capability to cover any liability that might arise out of the
presence of the facility in the right-of-way.
(15)
No
wireless permit shall be issued unless:
A.
Rejection
for incompleteness. Notices of incompleteness shall be provided in
conformity with state, local, and federal law, including 47 CFR 1.6003(d),
as amended.
B.
Processing timeline. Wireless permit applications [including applications for other permits under § 7-43B(8) necessary to place or modify the facility] and appeals will be processed in conformity with the shot clocks set forth in state, local, and federal law, as amended.
C.
Written decision, In the event that an application is denied (or approved with conditions beyond the standard permit conditions set forth in § 7-44D), the Village Engineer shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.
D.
Appeal to
Village Board. Any person adversely affected by the decision of the
Village Engineer may appeal that decision to the Village Board, which
may decide the issues de novo, and whose written decision will be
the final decision of the Village. An appeal by a wireless infrastructure
provider must be taken jointly with the wireless service provider
that intends to use the wireless telecommunications facility.
E.
Deadline
to appeal.
(1)
Appeals
that involve eligible facilities requests must be filed within three
business days of the written decision of the Village Engineer.
(2)
All other appeals not governed by Subsection E(1), above, must be filed within 10 business days of the written decision of the Village Engineer, unless the Village Engineer extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
F.
Decision
deadline. All appeals shall be conducted so that a timely written
decision may be issued in accordance with the applicable shot clock.
A.
Expiration.
A wireless permit issued pursuant to an eligible facilities request
shall expire at the same time the permit for the underlying existing
wireless telecommunications facility expires. All other wireless permits
shall be valid for a period of five years from the date of issuance.
Upon expiration of the wireless permit, the permit holder must either:
B.
Revocation
for breach. A wireless permit may be revoked for failure to comply
with the conditions of the permit or applicable federal, state, or
local laws, rules, or regulations. Upon revocation, the wireless telecommunications
facility must be removed within 30 days of receipt of written notice
from the Village, All costs incurred by the Village in connection
with the revocation, removal, and right-of-way restoration shall be
paid by the permit holder.
C.
Failure to obtain permit. Unless exempted from permitting by § 7-40B of this article, a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the Village. All costs incurred by the Village in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.
Except as otherwise prohibited by state or federal law, a permit
holder must promptly and at its own expense, with due regard for seasonal
working conditions, permanently remove and relocate any of its wireless
telecommunications facilities in the right-of-way whenever the Village
requests such removal and relocation. The Village may make such a
request to prevent the facility from interfering with a present or
future Village use of the right-of-way; a public improvement undertaken
by the Village; an economic development project in which the Village
has an interest or investment; when the public health, safety, or
welfare require it; or when necessary to prevent interference with
the safety and convenience of ordinary travel over the right-of-way.
Notwithstanding the foregoing, a permit holder shall not be required
to remove or relocate its facilities from any right-of-way that has
been vacated in favor of a nongovernmental entity unless and until
that entity pays the reasonable costs of removal or relocation to
the permit holder.
A.
Cessation
of use. In the event that a permitted facility within the right-of-way
is not in use for a continuous period of 60 days or longer, the permit
holder must promptly notify the Village and do one of the following:
(1)
Provide
information satisfactory to the Village Engineer that the permit holder's
obligations for its facilities under this article have been lawfully
assumed by another permit holder.
(2)
Submit to the Village Engineer a proposal and instruments for dedication of the facilities to the Village. If a permit holder proceeds under this Subsection A(2), the Village may, at its option:
(3)
Remove
its facilities from the right-of-way within one year and perform the
required restoration under § 7-,49 unless the Village Engineer
waives this requirement or provides a later deadline.
B.
Abandoned facilities. Facilities of a permit holder who fails to comply with Subsection A and which, for one year, remain unused, shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:
In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this article (or relocate it pursuant to § 7-47), the permit holder must restore the right-of-way to its prior condition in accordance with Village specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations required by this § 7-49, the Village, at its option, may do such work. In that event, the permit holder shall pay to the Village, within 30 days of billing therefor, the cost of restoring the right-of-way.
The Village may negotiate agreements for placement of wireless
telecommunications facilities on Village-owned or -controlled structures
in the right-of-way. The agreement shall specify the compensation
to the Village for use of the structures. The person or entity seeking
the agreement shall reimburse the Village for all costs (including,
without limitation, professional fees and expenses) the Village incurs
in connection with its review of and action upon the request for an
agreement. Village reserves the right to designate those Village-owned
or -controlled structures suitable for placement of wireless telecommunication
facilities.
If any section, subsection, clause, phrase, or portion of this
article is for any reason held to be illegal or otherwise invalid
by any court or administrative agency of competent jurisdiction, such
illegal or invalid portion shall be severable and shall not affect
or impair any remaining portion of this article, which shall remain
in full force and effect.